SpicyIP Weekly Review (February 23- March 1, 2015)

The SpicyIP Highlight of the week ! The SpicyIP Highlight of the Week was the first post by Arundathi, where she discusses a recent case regarding a ruling passed by the US District Court for the Eastern District of Virginia (Alexandria Division) in favour of Belmora. The matter was in reference to the question of Article 6bis (on well known trademarks) of the Paris Convention and how the Principle of Territoriality accommodates the Article’s provisions within its ambit. Belmora’s FLANAX, which…

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Invention vs. Innovation in Russia


“If invention is a pebble tossed in the pond, innovation is the rippling effect that the pebble causes. Someone has to toss the pebble. That’s the inventor. Someone has to recognize the ripple will eventually become a wave. That’s the entrepreneur. Entrepreneurs don’t stop at the water’s edge. They watch the ripples and spot the next big wave before it happens. And it’s the act of anticipating and riding that “next big wave” that drives the innovative nature in every entrepreneur.” – Thus…

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CGPDTM Launches New Patent Search Facility with Full-Text Search Capability


Back in 2009, SpicyIP had sponsored a petition addressed to the Controller General of Patents, Designs and Trademarks (CGPDTM) pleading for “greater transparency and more access to patent information.” In the following years, the CGPDTM has stepped up its efforts in making available more and more patent information online.  Notably, in 2010, the office launched IPAIRS, the Indian Patent Information Retrieval System.   The CGPDTM subsequently has constantly been improving the IPAIRS, offering new search fields such as Applicant Address and…

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Copyright Innovation Patent Trademark

Academia and Civil Society submit comments to DIPP on draft National IPR Policy [Part II]

Public consultation on the first draft of the National IPR Policy concluded this month. The DIPP received many submissions on the draft policy and also held stakeholder meetings. We’ve discussed two other submissions on SpicyIP (here and here), and this post discusses the submission made by Centre for Internet and Society, India. For our readers’ information, Centre for Internet and Society (CIS) is a non-profit research organisation that works in the areas of issues of intellectual property law reform, openness,…

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Workshop & Conference on Intellectual Property and Public Health (23-27 March, 2015, New Delhi)

Attention: The deadline for applying for the event is 2nd March, 2015 The Institute for Studies in Industrial Development and Public Health Foundation, Public Health Foundation of India, Third World Network and Indian Society for International Law are co-hosting a week long workshop-cum-conference on Intellectual Property and Public Health from 23rd to 27th March in New Delhi. Details are as follows: Some of the broad themes of the workshop-cum-conference would include: i) Intellectual property rights, access to medicines and linkages…

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Approach to Trans-border Reputation and Territoriality: India-US Poles Apart?

Marty Schwimmer and John Welch, counsels for Belmora LLC brought our attention to a decision of the US District Court for the Eastern District of Virginia (Alexandria Division) earlier this month that was ruled in favour of Belmora. The case deals with the question of Art. 6bis of the Paris Convention (which deals with well known marks) and how it is accommodated within the overarching Principle of Territoriality. This post briefly analyses the case and looks into the equivalent position…

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SpicyIP Weekly Review (February 15-22, 2015)

The highlight of the week was Kartik’s two-part post where he provided a hard-hitting, break-down analysis of the GIPC Index, 2015. In the first part he highlighted that the goal of the Index is to appease major industry lobbies, much like last year. With the focus on the pharmaceutical industry, he argues that a baselines assumption is established without really explaining how that helps innovation. He also opines that the Index turns a blind eye to the relationship between IP…

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Copyright Patent

The Curious Case of Qentis and Cloem


In late 2014, two tech startups, Qentis and Cloem, presented their rather interesting business models, based on similar technologies, that could challenge the very basis of intellectual property laws as we know them today. Taking in part from its original mention and analysis at VentureBeat, this post discusses the models of each of the two startups, their basis and possible implications. Qentis Picture a scenario where everything original anybody ever conceived and uploaded on the internet/released for public viewing resulted in…

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Competition Law

SpicyIP Tidbit: Expansion of Investigation by DG in the Auto Spare Parts Case Valid – Madras HC


Read the decision here. In a decision that we had reported on a while ago, the Competition Commission of India, had fined a number of automobile manufacturers for anti-competitive practices in the sale of their spare parts. After the order of the Commission, various auto manufacturers have filed writs in High Courts challenging the order and even the functioning and vires of the Commission itself. The present writ petition however was filed a while ago in 2012 as a challenge…

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MHRD IPR Chairs- The Anarchy and Hollow Attempt at Development of IPR in India

IPR Chairs: So much more to be done!

The current (non) working of the MHRD IPR Chairs is one of the many ways the country is holding back on development of IPR research and policy in the country. Ideally, this development must be fast-paced. However, the lackadaisical nature of the entire institution of these IP Chairs has become even more evident recently and unfortunately there has been very little (no?) development at all. In November, 2014, the Centre for Internet and Society (CIS) carried a post highlighting how…

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